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Iu (individual Un-employability) At Risk - Important Please Read!!!

I HAVE BEEN ADVISING VETS FOR YEARS NOT TO STOP THE APPEALS PROCESS JUST BECAUSE THEY WERE GRANTED IU (INDIVIDUAL UN-EMPLOYABILITY) AS SOME DAY THE VA WOULD HIT THAT AND IT MAY BE LOST TO THEM. THAT DAY APPEARS TO BE CLOSE AT HAND (READ BELOW). IF YOU HAVE IU AS A PART OF YOUR OVERALL DISABILITY RATING YOU NEED TO APPEAL YOUR CLAIM. IF YOU HAVE TO REOPEN YOUR CLAIM, THAT IS IT HAS BEEN A YEAR OR LONGER SINCE YOU DID ANYTHING ON YOUR CLAIM, YOU WILL NEED NEW AND MATERIAL TO REOPEN. IF THAT MEANS YOU NEED TO GO SEE A DOCTOR, I ADVISE YOU DO SO. ONCE YOU LOSE IU ON YOUR RATING IT MAY TAKE YEARS TO GET THINGS RESTORED. ACT NOW DO NOT WAIT UNTIL IT IS TOO LATE. IF YOU NEED HELP CONTACT ME AND I WILL DO WHAT I CAN TO ASSIST YOU.

Why GAO did this studyAs part of its Disability Compensation program, the Department of Veterans Affairs (VA) provides Individual Unemployability (IU) benefits to veterans of any age who are unemployable because of service-connected disabilities. Over the last decade, the number of IU beneficiaries and benefit costs have more than tripled. In 2005, about 220,000 veterans received an estimated $3.1 billion in IU benefits. In response to a congressional request, GAO assessed VA’s management of IU benefits. This report (1) examines the added value of IU benefits for veterans of selected ages and disability ratings, (2) assesses the criteria, guidance, and procedures used for initial decision making, (3) assesses VA’s ongoing eligibility enforcement procedures, and (4) compares VA’s decision-making and enforcement procedures with those used by other disability programs.

What GAO foundUnder VA’s disability compensation program, VA can award IU benefits (that is, total disability compensation) to veterans of any age who cannot work because of service-connected disabilities even though VA did not rate their impairments at the total disability level. The added value of IU benefits over a veteran’s lifetime depends upon the veteran’s level of impairment at the time he or she begins receiving IU benefits and the length of time these benefits are received. To illustrate the potential amount of IU benefits that could be received, GAO estimated the lifetime present value of the added benefits in disability compensation for veterans with different impairment levels who began receipt of IU benefits in 2005 at different ages. GAO found that the lifetime present value of these benefits can range from:• about $300,000 to over $460,000 for veterans age 20 in 2005, and
• about $89,000 to about $142,000 for veterans age 75 in 2005.GAO also found that just under half (46 percent) of new IU beneficiaries was awarded IU benefits at the age of 60 or older, and 19 percent were age 75 or older.VA’s criteria, guidance, and procedures for awarding IU benefits do not ensure that its IU decisions are well supported. VA regulations and guidelines lack key criteria and guidance that are needed to determine unemployability. VA guidelines also do not give rating specialists the procedures to obtain the employment history and vocational assessments needed to support IU decisions. As a result, some VA staff told us that IU benefits have been granted to some veterans with employment potential.In addition, VA’s process for ensuring the ongoing eligibility of IU beneficiaries is inefficient and ineffective. This enforcement process relies on old data, outdated, time-consuming manual procedures, insufficient guidance, and weak eligibility criteria. Moreover, the agency does not track and review its enforcement activities to better ensure their effectiveness.VA is among the federal disability programs GAO has identified as high risk and in need of modernization, in part, because it is poorly positioned to provide meaningful and timely support to help veterans with disabilities return to work. Specifically, VA’s compensation program does not reflect the current state of science, technology, medicine, and the labor market. VA’s management of IU benefits exemplifies these problems because its practices lag behind those of other disability programs. Approaches from other disability programs demonstrate the importance of providing return-to-work services and using vocational expertise to assess the claimant’s condition and provide the appropriate services. Incorporating return-to-work practices in IU decision making could help VA modernize its disability program to enable veterans to realize their full potential without jeopardizing the availability of benefits for veterans who cannot work.

What GAO recommendsGAO recommends that VA should clarify and strengthen its IU eligibility criteria, guidance, and procedures for initial and ongoing eligibility decisions; and develop a return-to-work strategy for IU claimants. VA agreed with our conclusions and concurred with our recommendations, and stated that it has implemented and plans to implement program changes in areas that we identified as needing attention.

Rocky, are you saying if a Vet was 70% disabled and 30% IU (unemployable) they should apply that rating to become 100% disable?

Yes, brother, that is exactly what I am saying. You see what the Service Officers fail to mention to vets, if they even realize it themselves, is that only a disability can be classified under law as T&P. Un-employability is not a disability but a condition or employment and, thus, is not covered under the laws which govern the VA. If you have 30% IU it can be taken at any time with only the mere report from a doctor that you are employable in some form. The only safe disability rating is 100% disabled for a medical or mental condition. If you are 70%, let's say, for PTSD with 30% IU making you 100% for pay purposes the VA can come back and take the IU portion, thus, making you only 70% disabled. This, of course, would result in you losing 30% of your disability income. I have seen this happen. Don't get caught short, if you have IU in any part of your overall rating get an appeal in to get the actual disability rating upgraded to 100%.

Va Claims For Ptsd

Brothers, I specialize in claims appeals for PTSD. I have been doing claims for over 10 years with much success. If you have questions or concerns about your appeal, or wish to file one for PTSD, I will be more that happy to assist you. I do not charge a thing for my assistance for it is my belief that we all should help each other as brothers/sisters in arms with out charge. I see helping other vets as my duty, the purpose for which I survive Hill 875 in 1967. I see it as my purpose in life and do it with great pleasure. So if you need help I will most happily do all I can for you. If you would like references to my work you can go to ArmyParatrooper.org and see my post there under Veterans Issues and ask the brothers there about me. Many of the vets on this site know me personally having served with me either in the 173rd the Rangers or both. Many of them I have done claims for or am doing claims for now. I am the official VA Service Rep for both Chapter XVII of the 173rd Airborne Brigade Society, covering 6 states, and Charlie Co. 75th Ranger Assoc., covering the entire country. I take each case I do personally and handle each as if it were my own. My motto is just as is the Ranger motto, we leave no one behind, in the battle field nor here on the streets of this country.

Rocky, thank you for the clearification. I has 70/30 for about 6 years. I have been 100% P&T for some a long time now. But I do speak with other vets and that is good to know. I have known others with the 70/30 rating.

To Further Clairfy Regarding Iu Ratings

Brothers/Sisters there is one important poin that I wish to make here regarding IU and the filing of appeals to increase your rating. If you have had the IU rating attached to your regular disability rating and are receiving 100% pay, and you DO NOT currently have an appeal in progress, do not file an appeal at this point. There is no use in alerting the VA to your claim. If you get notified that the VA is looking at your rating and is questioning the IU rating then you would want to file and appeal of their decision to reopen your claim to examine the IU rating.

This simply means, if you have not been notified that the VA is reopening your claim, leave it as is. If you do get a notification that the VA is considering taking the IU or is going to have you reexamined for that purpose, then file notice of disagreement and then an appeal to have your disability rating increased to 100%. If this has happend to you and you have questions concerning it, please, post your question here or email me and I will work with you on the issue.

iu question

I have been on iu for 5 yrs. rated 60% and receiving 100 %, is there a age shut off for iu or can it go on for life if i am not reviewed.
I am 60 now ,should i let it ride or file for 100% permanent ,
i have had 4 neck surgeries and have fibermyalga ,all service connected.
Thanks
Phil

90% with 10% IU

rocky

I just recieved 90% with 10% IU. I have surgery this month to have my bicept taken off and reattached because of a labrum tear. Can I claim my bicept surgery as secondary to Labrum tear. And also claim arthritis as Secondary to Labrum tear. Thanks for your help. millertime